PETERSON v. SCHMUDE


23 Wis.2d 9 (1964)

PETERSON, Plaintiff and Respondent, v. SCHMUDE, Defendant and Respondent: HOME MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

March 3, 1964.


Attorney(s) appearing for the Case

For the appellant there was a brief by Byrne, Bubolz, Spanagel & Pfankuch of Appleton, and oral argument by William S. Pfankuch.

For the respondents there was a brief by Dempsey, Dempsey, Magnusen & Williamson of Oshkosh, for Erwin C. Schmude, and by Hoeffel & Coughlin of Appleton, for John Peterson, and oral argument by James J. Williamson and Patrick F. Coughlin.


HALLOWS, J.

Schmude was a trucker of hogs and cattle for hire, which operation required a compliance with ch. 194, Stats. That chapter requires by sec. 194.41 (1) the filing with the motor vehicle department of an indemnity bond or policy of insurance which "shall provide that the indemnitor shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction...

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